Cambridge City Council meeting - December 10, 2007 - AGENDA
[Councillor Galluccio was ABSENT]

CITY MANAGER’S AGENDA
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Parent Navigator Grant from the Institute for Community Health for $13,000 to the Grant Fund Human Service Programs Other Ordinary Maintenance account.

2. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-121, regarding fights between youth of Cambridge and what is being done to prevent further outbreaks.

3. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-119, which requested that a meeting be held at all elderly housing development to discuss street, sidewalk and safety issues.

4. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-122, regarding a report on how much baiting is done to exterminate rats and how much monitoring there is of appropriate baiting at construction sites.

5. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-132, regarding a report on enforcing the City light ordinance and addressing light pollution issues.

6. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-112, regarding the opening of the North Point Park.

7. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of a $4,500 donation from Central Square LCC in support of an Adopt-A-Park agreement for Carl Barron Plaza to the Grant Fund Public Works Other Ordinary Maintenance.

8. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a Grant award from the Massachusetts Technology Council in the amount of $40,000 to the Public Investment Fund Water Extraordinary Expenditures account to support a Stony Brook hydroelectric feasibility study.

City Manager Letter

Dec 10, 2007

To the Honorable, the City Council:

I am hereby requesting the appropriation of a Grant award from the Massachusetts Technology Council in the amount of $40,000 to the Public Investment Fund Water Extraordinary Expenditures account to support a Stony Brook hydroelectric feasibility study.

The Massachusetts Technology Collaborative, as administrator has awarded a grant to the City to conduct a feasibility study to investigate the potential for small-scale hydro-electric energy recovery within the conduits of the municipal water supply system. The total cost of the study is $46,000. The Water Department will fund the remaining cost by providing in-kind services or through existing capital funds.

Very truly yours, Robert W. Healy, City Manager

9. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Low Income Heating Assistance Program grant for $984,420 funded by the Federal Department of Health and Human Services and administered in Massachusetts by the Commonwealth’s Department of Housing and Community Development to the Grant Fund Human Service Programs Salary and Wages account ($193,961) and to the Grant Fund Human Service Programs Other Ordinary Maintenance account ($790,459) to help operate the low Income Heating Assistance Program (LIHEAP) serving Cambridge and Somerville.

10. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of the Cambridge Individuals with Special Needs Grant funded from private donations for $2,400.00 to the Grant Fund Human Service Programs Department Other Ordinary Maintenance account and will be used to support Cambridge athletes participating in the Special Olympics.

11. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission on the Jitney License Application of Super Duck Excursions, LLC d/b/a Super Trolley Tours.

12. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Alternate Members of the Cambridge Planning Board:
  Laurence Pierce (term expires 10/31/2011)
  Charles Studen (term expires 3/31/2012)

13. Transmitting communication from Robert W. Healy, City Manager, relative to a proposed amendment to the CORI Screening by Vendors of the City of Cambridge Ordinance for your consideration.

14. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-87, regarding a report on the feasibility of instituting "Text a Tip" program.

15. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-139, regarding a report on the status of Hobbs Brook Reservoir and Cambridge’s water reserves.

City Manager Letter

Dec 10, 2007

To the Honorable, the City Council:

In response to Awaiting Report Item Number 07-139, regarding a report on the status of Hobbs Brook Reservoir and Cambridge’s water reserves, Managing Director of the Cambridge Water Department Sam Corda reports the following:

The Cambridge reservoir system is currently at 57% of its full capacity. This is about 4% below the average for this time of year. At full capacity the Cambridge reservoir system will last for ~9 months without any rainfall. At our current capacity of 57%, we have over 100 (~3.5months) days of storage without any precipitation.

During the month of November we have physically started the recharge cycle (average precipitation) for the reservoir system. We have kept a constant system capacity during November and have started to recharge (gain) storage in December 2007.

We are down slightly in total capacity because we have had a fairly dry and warm August, September and October of 2007 (down about 4 inches of precipitation). November has been an average rainfall month as has the previous 12 months going back in time from July 2007.

The predictions are for above average precipitation over the winter months. If this holds true we expect to be at full capacity in the Spring of 2008, if not, we will implement the necessary water restrictions. If all else fails we can draw upon the MWRA to supplement our water supply which would be our last resort. As a point of information, the last time we used MWRA water in a drought situation was in 1965/66 which is the drought of record for this area.

Very truly yours, Robert W. Healy, City Manager

16. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Numbers 06-87, 07-83 and 07-138, regarding the status of putting the City’s self-evaluation on the website.
Charter Right - Kelley

17. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-137, regarding a report on responding to Council Orders on the Awaiting Report list.
Charter Right - Murphy

City Manager Letter

Dec 10, 2007

To the Honorable, the City Council:

In response to Awaiting Report Item Number 07-137, regarding a report on responding to the Awaiting Report list, please be advised of the following:

These office and all City Departments are constantly encouraged to prepare responses for the Awaiting Report list.

Staff meetings are held every Tuesday to review the previous evening’s City Council proceedings and to get status reports on the Awaiting Report list.

Nevertheless, these reports are voluminous, staff time consuming, and in some cases, are not easily answered.

The following is a status report on the items remaining on that list. It would be appropriate, in accordance with Council Order Number O-7 of 12/3/07 (Awaiting Report #07-137) to review this document as responsive and clearing the Awaiting Report list coinciding with the close of the Legislative session.

Very truly yours, Robert W. Healy, City Manager

Note: The City Manager's brief responses have been added to the respective items in the Awaiting Report list. Only items 06-118 (Harvard/Allston), 07-08 (Harvard/Allston), 07-134 (Fresh Pond Seafood property), 07-135 (Russell Recycling), and 07-136 (parks under control of Central Artery authority) remain without any response.

18. Transmitting communication from Robert W. Healy, City Manager, relative to the Amended Substitute Leaf Blower Ordinance as amended by the City Council at its Dec 3, 2007 meeting.  Referred to Calendar Item #14

ON THE TABLE
1. Transmitting communication from Robert W. Healy, City Manager relative to Awaiting Report Item Number 06-06 of Feb 27, 2006, regarding a report on the legality of the banners in front of the Dunkin’ Donuts at 2480 Massachusetts Avenue and at other location in the City. [Placed on Table on the motion of Councillor Kelley on Feb 27, 2006.]

2. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the License Commission to deny the Jitney License application of Star Shuttle, Inc. [Placed on Table City Manager Agenda Number Six of Nov 6, 2006 on the motion of Councillor Davis on Nov 6, 2006.]

3. Opposition to the Urban Ring Phase II bus system unless the whole route is grade separated to ensure that the buses would not have to compete with general traffic. [Placed on Table Order Number Nineteen of Apr 9, 2007 on the motion of Councillor Davis on Apr 9, 2007. Councillor Kelley’s motion to take from Table Failed 3-6-0 on Apr 23, 2007.]

4. An application was received from Singh Raghbin, requesting a curb cut at the premises numbered 66 Dudley Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. Response has been received from neighborhood association. [Placed on Table Applications and Petitions Number Four of Apr 23, 2007 on the motion of Councillor Davis on Apr 23, 2007.]

5. That the City Manager is requested to direct the relevant Department heads to have the West Cambridge painted "rotary" removed. [Charter Right exercised by Vice Mayor Toomey on Order Number Sixteen of Apr 30, 2007. Placed on Table Order Number Sixteen of Apr 30, 2007 on the motion of Councillor Davis on May 7, 2007. Motion to take from the Table failed 4-4-0-1 on Sept 17, 2007. Motion to take from the Table failed 3-5-1 on Sept 24, 2007.]

6. A communication was received from Thomas Fowler-Finn, Superintendent of Schools, transmitting a copy of the annual Affirmative Action Report. [Placed on Table Communications and Reports from City Officers Number One of Sept 10, 2007 on the motion of Councillor Decker.]

7. An application was received from Massachusetts Institute of Technology, requesting a curb cut at the premises numbered 84 Wadsworth Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area. [Charter Right exercised by Councillor Decker on Applications and Petitions Number Six of Sept 10, 2007. Sept 17, 2007 - Motion by Councillor Simmons to place on table carried on a voice vote of eight. Mayor Reeves recorded in negative on motion to place on table.]

8. An application was received from Massachusetts Institute of Technology, requesting a curb cut at the premises numbered 360 Memorial Drive between 296 and 120 Vassar Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical and Public Works. No neighborhood association for that area. [Charter Right exercised by Councillor Decker on Applications and Petitions Number Seven of Sept 10, 2007. Sept 17, 2007 - Motion by Councillor Simmons to place on table carried on a voice vote of eight. Mayor Reeves recorded in negative on motion to place on table.]

9. That the Neighborhood and Long Term Planning Committee schedule a meeting to discuss with the new owners the impact on the 55 Magazine Street tenants of the recent sale of the building and their concern about their security as tenants and the new owners’ plans for the building, especially any plans to convert the building to condominiums. [Charter Right exercised by Mayor Reeves on Order Number Forty-Seven of Sept 10, 2007. Placed on table on motion of Councillor Simmons on Sept 17, 2007.]

10. That the City Manager is requested to confer with Tom McNichol, President of the Charles River Clean Up Boat, and MIT to resolve the issue of the financial status of this organization. [Charter Right exercised by Vice Mayor Toomey on Order Number One of Sept 17, 2007. Placed on Table on the motion of Vice Mayor Toomey on Sept 24, 2007.]

11. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-120, regarding a report on the condition of 56 Churchill Avenue. [Charter Right exercised by Councillor Kelley on City Manager Agenda Number Two of Nov 5, 2007. Placed on the motion of Councillor Kelley on Nov 19, 2007.]

12. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 07-70, regarding a report on how to make Tyler Court clearly defined as it crosses the Massachusetts Avenue sidewalk. [Charter Right exercised by Councillor Kelley on City Manager Item Number Two of Nov 19, 2007. Placed on the Table on motion of Councillor Kelley on Dec 3, 2007.]

UNFINISHED BUSINESS
13. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Timothy J. Toomey, Jr., Co-Chair of the Ordinance Committee, for a meeting held on Nov 18, 2004 for the purpose of considering proposed amendments to Chapter 2.74 of the Cambridge Municipal Code, the Police Review and Advisory Board Ordinance. The question comes on passing to be ordained on or after Feb 14, 2005. [Four sections of the proposed amendment were passed to be ordained as amended. Ordinance #1284. The remaining proposed amendments to chapter 2.74 remain on unfinished business.]

14. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillors Michael A. Sullivan and Brian Murphy, Co-Chairs of the Ordinance Committee, for a hearing held on July 12, 2007 for the purpose of continuing to consider a proposed amendment to the Noise Ordinance to regulate leaf blowers. See Order #23 of Oct 29, 2007. City Council made amendments to a proposed substitution and referred proposed substitution as amended to Unfinished Business on Nov 19, 2007. The text of the proposed substitution as amended was further amended and returned to Unfinished Business on Dec 3, 2007. Order adopted for preparation of text of proposed substitution as amended. The question comes on passing to be ordained on or after Aug 13, 2007.
Ordained as amended by substitution, 7-0-2 (Galluccio, Decker ABSENT), Ordinance #1311

15. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Sept 5, 2007 for the purpose of considering a petition filed by the Planning Board to re-zone portions of the Residence C-1 zoning district to a Residence B district in the Strawberry Hill Neighborhood along Cushing Street between St. Sauveur Court and Thingvalla Avenue, in the area of Oxford and Fairview Avenue, and the corner of Huron Avenue and Cushing Street. The question comes on passing to be ordained on or after Oct 8, 2007. Petition expired Dec 4, 2007.  Expired

16. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Sept 19, 2007 for the purpose of considering a proposed amendment to the Zoning Ordinance to incorporate requirements for LEED standards for certain projects of 25,000 square feet or more. The question comes on passing to be ordained on or after Oct 29, 2007. Petition expires Dec 18, 2007.

17. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Sept 19, 2007 for the purpose of considering a proposed amendment to the Zoning Map for the area bordered by the centerlines of Broadway and Harvard, Hancock and Lee Streets from the existing Residence C-1 district designation to Residence B, a/k/a Re-filed Cott Petition. On motion of Councillor Murphy the petition was amended to provide for rezoning the area of the petition from C-1 to C on a voice vote of nine on Nov 5, 2007. The question comes on passing to be ordained as amended on or after Nov 5, 2007. Petition expires Dec 18, 2007.

18. A communication was received from Mayor Kenneth E. Reeves, transmitting a copy of the Final Report of the Cambridge Neighborhood Safety Task Force. [Referred to Unfinished Business on motion of Mayor Reeves on Nov 19, 2007.]
Presentation held Dec 10, 2007

19. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation and authorization to borrow an additional $33,218,025 to the Public Investment Fund School Extraordinary Expenditures account to finance the CRLS Renovation Project. The question comes on adoption on or after Dec 10, 2007.
Loan Order adopted 8-0-1 (Galluccio ABSENT)

APPLICATIONS AND PETITIONS
1. An application was received from Wardmaps.com requesting permission for a sandwich board sign in front of 12 Bow Street.

COMMUNICATIONS
1. A communication was received from Bill Forster, Sandra Uytehoven, Rebekah Kaufman, John Moot, People for Riverbend Park Trust, transmitting support for the New School of Music.

2. A communication was received from Roy Bercaw, regarding the Final Crime Task Force Report.

3. A communication was received from Mary Sacksteder, Green Decade Cambridge, regarding leaf blowers.

RESOLUTIONS
1. Resolution on the death of Corporal Allen Roberts.   Councillor Decker
2. Resolution on the death of Specialist Benjamin Garrison.   Councillor Decker
3. Resolution on the death of Private Isaac Cortes.   Councillor Decker
4. Resolution on the death of Specialist Melvin Henley.   Councillor Decker
5. Resolution on the death of Sergeant Alfred Paredez Jr.   Councillor Decker
6. Resolution on the death of Staff Sergeant Jonathon Martin.   Councillor Decker
7. Resolution on the death of Sergeant First Class John Tobiason.   Councillor Decker

8. Retirement of Roseline Moussignac from the School Department.   Mayor Reeves

9. Retirement of Susan Harris from the School Department.   Mayor Reeves

10. Congratulations to the Girl’s LEAP on being selected for the Women and Girls: Addressing Their Needs by Design award by the Social Innovation Forum.   Councillor Decker

11. Resolution on the death of Aldo DiCecca.   Vice Mayor Toomey

12. Retirement of Edmund Santa Maria from the Water Department.   Mayor Reeves

13. Congratulations to the CRLS Department of Visual & Performing Arts on their production of the musical Guys and Dolls on Nov 29-30, 2007.   Councillor Davis

14. Welcome Le Meridien to Cambridge.   Mayor Reeves

15. Thanks to all of the members of the Neighborhood Safety Task Force for their hard work and good efforts.   Mayor Reeves


16. Congratulations to Gary Bailey on receiving the 2007 Legacy of Caring Award from child services organization of Devereaux, Massachusetts.   Mayor Reeves

17. Happy 90th Birthday wishes to Muriel Elizabeth West Wheaton.   Mayor Reeves

18. Resolution on the death of Maria R. Amaral.   Vice Mayor Toomey

19. Congratulations to David Olsen on winning the grand prize on "Beauty and the Geek."   Mayor Reeves

20. Condolences to the Cities of Arruda and Colorado Springs, Colorado.   Councillor Davis, Councillor Murphy, Councillor Simmons


ORDERS
1. Dedication of an appropriate site in the vicinity of Massachusetts Avenue and Lee Street in honor of Mushtaque Mirza.   Mayor Reeves

2. That the City Manager is requested to confer with the appropriate departments to discuss the feasibility of traffic calming on Pleasant Street due to the high number of large trucks that speed down the street.   Councillor Decker

3. That the City Manager is requested to confer with City safety personnel to determine whether there are preventative or response plans in place in the event of a similar accident which occurred in Everett from happening in Cambridge as well as speed limit enforcement.   Vice Mayor Toomey and Councillor Davis

4. That the City Manager is requested to instruct the Assistant City Manager for Community Development and the Director of the Economic Development Division to take the necessary steps to apply for an AmeriCorps Grant for Cambridge for green jobs.   Councillor Simmons and Councillor Davis

5. That the City Manager is requested to confer with the Director of Just-A-Start and report back to the City Council on any unauthorized entries at the former Lithuanian Church on Windsor Street and the removal, authorized or unauthorized, of any interior or exterior pieces of property.   Councillor Kelley

6. That the City Manager is requested to report back to the City Council on the City’s plan to aggressively enforce the City’s Snow Removal Ordinance and other relevant measures to ensure the City’s sidewalks and curb ramps are kept as clear as possible during the winter months, to include the possibility of having the City remove snow from sidewalks and then bill the adjacent owner for the removal costs.   Councillor Kelley

7. That the City Manager is requested to report back to the City Council on the ability of the City to provide some sort of coverage of City Council meetings that allows people with hearing disabilities to follow the meetings.   Councillor Kelley

8. That the City Manager is requested to consider hiring a part-time Park Ranger for the Alewife Reservation area.   Councillor Simmons

9. That the City Manager is requested to confer with the Community Development Department and Harrington Wellington Neighbors to examine the current zoning regulation as they relate to the density of the neighborhood and to suggest appropriate changes.   Vice Mayor Toomey  amended


10. City Manager to confer with the Police Commissioner on designating a crossing guard for the corner of Prospect Street and Broadway to be at the post consistently during the normal and usual hours.   Vice Mayor Toomey and Councillor Decker

11. City Manager form a task force to respond to the Planning Boards' report on adopting a LEED standard fro Cambridge buildings.   Councillor Davis and Councillor Murphy


COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Vice Mayor Timothy J. Toomey, Chair of the Claims Committee, for a meeting held on Dec 4, 2007 for the purpose of considering claims filed against the city.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Oct 24, 2007 for the purpose of considering a proposed ordinance to establish minimum side yard requirements that provide inter alia that no structures may be placed nearer than seven feet six inches to the side lot line.  Tabled - Murphy

3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Nov 28, 2007 for the purpose of considering a proposed amendment to Chapter 2.112 of the Cambridge Municipal Code to ensure that the persons and businesses supplying goods and/or services to the City of Cambridge utilize fair policies relating to the screening and identification of persons with criminal backgrounds through the CORI system.  Passed to 2nd Reading as amended by substitution per City Manager's Agenda #13

4. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Brian Murphy, Chair of the Ordinance Committee, for a hearing held on Nov 28, 2007 for the purpose of considering a proposed amendments to the Zoning Map filed by Cott et al. for the area bordered by the centerlines of Broadway and Harvard, Hancock and Lee Streets from the existing Residence C-1 district designation.  Referred to Unfinished Business #17 - Murphy

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Marsha Weinerman, Executive Director, Election Commission, transmitting the final results of the 2007 Cambridge Municipal Election held on Nov 6, 2007.

HEARING SCHEDULE
Mon, Dec 10
5:30pm   City Council Meeting [Special Presentation by the Neighborhood Safety Task Force directly following public comment.]  (Sullivan Chamber)

Wed, Dec 12
4:30pm   The Ordinance Committee will conduct a public hearing on revisions to Chapter 13.16 of the Cambridge Municipal Code "Sewer System Regulations."  (344 Broadway, 2nd Fl Conference)
5:00pm   The Ordinance Committee will conduct a public hearing on proposed changes to Chapter 2.76 of the Cambridge Municipal Code "Human Rights Commission," to provide enforcement of ADA provisions regarding removal of architectural barriers, where the barriers are readily removable.  (344 Broadway, 2nd Fl Conference)
5:45pm   The Ordinance Committee will conduct a public hearing to amend the Zoning Ordinance by creating a new Section 5.54-Solar Energy Systems that would protect solar energy systems from shadows cast by buildings and vegetation on an adjacent lot, in residential districts having a maximum height limit of 45 feet or less. This new section would create definitions for a Solar Fence, Protected Solar Time, and a Solar Energy System and would create protections for access to sunlight solar energy systems.  (344 Broadway, 2nd Fl Conference)

Mon, Dec 17
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Jan 7
10:00am   INAUGURAL MEETING  (Sullivan Chamber)

Mon, Jan 14
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Jan 28
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 4
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 11
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Feb 25
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 3
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 10
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 17
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 24
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Mar 31
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 7
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 14
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Apr 28
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     Dec 10, 2007
MAYOR REEVES
ORDERED: That the City Council dedicate an appropriate site in the vicinity of Massachusetts Avenue and Lee Street in honor of Mushtaque Mirza; and be it further
ORDERED: That Assistant to the City Council be directed to confer with the family regarding a suitable dedication ceremony and communicate with the Department of Public Works to arrange for the sign.

O-2     Dec 10, 2007
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate departments to discuss the feasibility of traffic calming on Pleasant Street due to the high number of large trucks that speed down the street.

O-3     Dec 10, 2007
VICE MAYOR TOOMEY
COUNCILLOR DAVIS
WHEREAS: An oil tanker accident caused serious damage on Everett city streets; and
WHEREAS: Similar dangers present themselves on Cambridge streets that allow trucking; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with City safety personnel to determine the risk of a similar accident and determine if there are preventative or response plans in place; and be it further
ORDERED: That speed limits be aggressively enforced on truck routes and to report back to the entire City Council on this matter.

O-4     Dec 10, 2007
COUNCILLOR SIMMONS
COUNCILLOR DAVIS
ORDERED: That the City Manager be and hereby is requested to instruct the Assistant City Manager for Community Development and the Director of the Economic Development Division to take the necessary steps to apply for an AmeriCorps Grant for Cambridge for green jobs.

O-5     Dec 10, 2007
COUNCILLOR KELLEY
WHEREAS: Just-A-Start Corporation receives City financing through the Affordable Housing Trust Fund to carry out its important mission of developing affordable housing in Cambridge; and
WHEREAS: Just-A-Start has purchased the former Lithuanian Church on Windsor Street to renovate into affordable housing; and
WHEREAS: Unknown entities have openly entered the church since its purchase by Just-A-Start and apparently removed unknown items; and
WHEREAS: Just-A-Start was recently unable to explain why it could not control its property to prevent such open and, apparently, unsanctioned entry and removal; and
WHEREAS: This lack of control over its property has made neighbors concerned about Just-A-Start’s ability to develop the property in an appropriate manner; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Director of Just-A-Start and report back to the City Council on any unauthorized entries at the former Lithuanian Church on Windsor Street and the removal, authorized or unauthorized, of any interior or exterior pieces of property.

O-6     Dec 10, 2007
COUNCILLOR KELLEY
WHEREAS: The winter snow and ice season has now started; and
WHEREAS: The storm of Dec 2, 2007 has resulted in sidewalks and curb ramps being icy for days; and
WHEREAS: Icy sidewalks and curb ramps make vast stretches of the City impassable for all but the most nimble of its residents and force many people to either stay inside or to walk in the street; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the City’s plan to aggressively enforce the City’s Snow Removal Ordinance and other relevant measures to ensure the City’s sidewalks and curb ramps are kept as clear as possible during the winter months, to include the possibility of having the City remove snow from sidewalks and then bill the adjacent owner for the removal costs.

O-7     Dec 10, 2007
COUNCILLOR KELLEY
WHEREAS: City Council meetings are an important venue for people to follow local issues; and
WHEREAS: Many people follow these meetings by watching on City-TV at home; and
WHEREAS: Some people have hearing difficulties that prevent them from understanding what is said at City Council meetings while watching at home; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the ability of the City to provide some sort of coverage of City Council meetings that allows people with hearing disabilities to follow the meetings.

O-8     Dec 10, 2007
COUNCILLOR SIMMONS
ORDERED: That the City Manager be and hereby is requested to consider hiring a part-time Park Ranger for the Alewife Reservation area.

O-9 ORIGINAL ORDER     Dec 10, 2007
VICE MAYOR TOOMEY
WHEREAS: Public involvement process for new non-profit housing developments has been lacking; and
WHEREAS: Neighbors to these developments feel that by the time plans are brought to them there is very little that can be done to address real neighborhood concerns; and
WHEREAS: Housing has been a priority in Cambridge but the needs of current residents should be taken very seriously if the future housing projects hope to be welcomed; and
WHEREAS: Serious consideration should be taken when planning location of these developments and public involvement should be convened at the earliest possible phase to address neighborhood concerns; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Community Development Department and Harrington Wellington Neighbors to examine the current zoning regulation as they relate to the density of the neighborhood and to suggest appropriate changes.

O-9 AMENDED ORDER     Dec 10, 2007
VICE MAYOR TOOMEY
WHEREAS: As residential developments are continuously added to Cambridge, we are faced with the serious situation of reaching a density level in our neighborhoods that is not beneficial to residents; and
WHEREAS: As more and more residential developments threaten to alter the fabric of certain neighborhoods and raise the question of density as it relates to crime and other negative impacts, it appears time for the City to reevaluate its current city-wide zoning plan; now therefore be it
ORDERED: That the City Manager be and hereby is requested to convene a Housing Panel to discuss the City's overall housing policy and to suggest possible zoning changes in order to prepare Cambridge for the future housing market; and be it further
ORDERED: That the panel should consist of private property owners, public housing officials, city zoning experts, members of the Planning Board and members of the public who witness the changes in their neighborhood first hand; and be it further
ORDERED: That the topics should include, but not be limited to, the results of the Eastern Cambridge Housing Overlay District and the impact that it has had on the neighborhood and current stock of commercial and lab space opportunities, the impact and compatibility of developments on existing neighborhoods, the City's incentive policies to developers, including looking at inclusionary zoning and linkage zoning regulations, and to re-examine current housing and density formulas and to report back to the City Council on the results and possible zoning amendments that would better protect our neighborhoods from over-developments.


O-10     Dec 10, 2007
VICE MAYOR TOOMEY
COUNCILLOR DECKER
ORDERED: That the City Manager be and hereby is requested to confer with the Police Commissioner on designating a crossing guard for the corner of Prospect Street and Broadway to be at the post consistently during the normal and usual hours.

O-11     Dec 10, 2007
COUNCILLOR DAVIS
COUNCILLOR MURPHY
ORDERED: That the City Manager be and hereby is requested to form a task force to respond to the Planning Board's report on adopting a LEED standard for Cambridge buildings.


TEXT OF COMMITTEE REPORTS
Committee Report #1
The Claims Committee held a public meeting on Tues, Dec 4, 2007 at three o’clock P.M. in the Ackermann Room, City Hall for the purpose of considering claims filed against the city.

Present at the meeting were Vice Mayor Timothy J. Toomey, Chair of the Committee, Paul Kawai, Assistant City Solicitor and Donna P. Lopez, Deputy City Clerk.

Vice Mayor Toomey opened the meeting and stated the purpose. Thereupon the committee moved to the consideration of the following claims:

Claimant Nature of Claim Award

Lee Garrison, 65 Sparks Street, Cambridge, MA 02138

Vehicle struck a pothole on Brewster Street, Cambridge, MA. Approved

Judith Aronson, 39 Martin Street, Cambridge, MA 02138

DPW employees threw away claimant’s garbage can, Cambridge, MA. Approved

Dominic DeFrancisco, 140 Elm Street, Cambridge, MA 02141

Vehicle was struck by a Russell Recycling truck on Elm Street, Cambridge, MA.   Approved

Mary James, 55 Essex Street, Apt. 803, Cambridge, MA 02139  

Claimant tripped and fell at the Senior Center, Cambridge, MA. Approved

Vice Mayor Toomey thanked all those present for their attendance.

The meeting was adjourned at three o’clock and ten minutes P.M.

For the Committee,
Vice Mayor Timothy J. Toomey, Chair

Committee Report #1     Dec 10, 2007
ORDERED: That the City Council hereby approves payment of claims against the City of Cambridge in accordance with the recommendations set forth in the report of Dec 10, 2007 Claims Committee in the total sum of $1,414.97.


Committee Report #2
The Ordinance Committee held a public hearing on Wed, Oct 24, 2007, beginning at six o’clock and one minute p.m. in the Sullivan Chamber. The hearing was held for the purpose of considering a proposed ordinance to establish minimum side yard requirements that provide inter alia that no structures may be placed nearer than seven feet six inches to the side lot line (Attached).

Present at the meeting were Councillor Brian Murphy, Chair of the Committee, Councillor Henrietta Davis, Councillor Craig Kelley, Councillor Denise Simmons, and City Clerk D. Margaret Drury. Also present was Lester Barber, Director of Zoning and Land Use, Community Development (CDD).

Councillor Simmons convened the hearing and explained the purpose. She stated that Councillor Murphy had been delayed. She then invited comments from members of the public.

Alec Wysocker, 36 Jay Street, spoke in support of "getting a little elbow room." Under the current setback formula, the setback for two 30-foot buildings ten feet apart, one behind the other, is much less than the setback for the one 60 foot-long building. This appears to him to be a loophole. He added that he does recognize that it is nice to have two buildings with some space between them instead of one long building.

J. Wilson, 36 Jay Street, spoke in support of the amendment. She is surrounded by townhouses and wants to support anything that will decrease the density of the buildings in these little pockets.

Guy Asaph, 47 Gay Street, stated that the current zoning ordinance allows bay windows to go beyond the setback. Otherwise the building could be a solid line. The current setback formula allows for more flexibility. He used the example of the 378 Broadway plan for development. The property is surrounded by concrete garages at the back. The abutters wanted the building lower than originally planned. That was possible because under the current formula, as the height got lower the setback got smaller. This is not a "nuance", it would make many more properties nonconforming. He said that he agrees with the Planning Board’s decision not to support this proposed amendment.

Elie Yarden, 143 Pleasant Street, stated that he has spoken to neighborhood people, and the proposed amendment seems positive to them and to him. However, it is not the zoning that makes the difference in how crowded the City now feels. Cambridge was once a city of 125, 000 residents and it did not feel as crowded as it does now. The problem is not population density. The idea of getting satisfactory zoning that will improve the quality life is a dangerous illusion. The zoning does not prevent stupid crowding of buildings into peoples’ yards.

Councillor Simmons invited Les Barber to the table to report on the Planning Board’s proceedings. Mr. Barber said that the Planning Board had already held its hearing on this proposal and did not recommend it.

Councillor Kelley said that in general he likes the idea of down zoning and then creating conversation between the developers and neighbors through variances. His understanding is that this proposal will increase sideyard setbacks in Residence C districts. Mr. Barber responded that depending on the shape of the building you can have elements very close to the sideyard or you can have a much bigger setback than seven feet six inches.

Councillor Kelley asked about bay windows. Mr. Barber replied that for the Massachusetts Avenue districts, bay windows are specifically exempted from F.A.R. In all other districts, bay windows count as F.A.R. This particular change does not affect bay windows at all. The provisions of the ordinance allow bay windows, decks, etc. to be located with the sideyard setback area.

In response to a question from Councillor Simmons, Mr. Barber said that he could not give the number of buildings that would become nonconforming if this change were to be made, but he suspects that many more buildings would become nonconforming.

Councillor Kelley said that his understanding for owners of nonconforming properties is that simple things are more easily accomplished. Mr. Barber responded that it depends on what an owner wants to do. For example, a new window in a nonconforming building would require a variance.

Councillor Simmons asked what burden the proposed amendment would put on property owners. Mr. Barber said that there would be no burden for owners who do not want to make any changes or additions to the building. But it would affect developments in a variety of ways.

Councillor Simmons asked how are residents notified of the proposed zoning amendments. Mr. Barber said that for city-wide amendments, the notice is a legal advertisement in the newspaper.

Councillor Kelley stated that he is not worried about the notice issue. The City meets the legal requirements. It is not practical to notify that many people of every zoning change. That is one reason for down zoning and then requiring changes through the variance process, where abutters receive individual notices.

Councillor Murphy apologized for his lateness. He was scheduled to speak at the beginning of a large event but the event began very late.

Councillor Murphy said that he filed the order for this amendment because City Councillors have received many complaints from residents about problems with sideyards in abutting new developments. The proposal presents an opportunity to jumpstart a conversation about the general problems of sideyards.

Councillor Kelley moved that the proposed amendment be forwarded to the full City Council with a favorable recommendation.

Councillor Murphy said that the amendment might benefit from an additional hearing in committee. Councillor Simmons said that she would like to keep the proposal in committee for more discussion. She would like to know how the several pending proposed amendments work with each other.

It was agreed without objection that the petition would remain in Committee and that the next meeting on it would be more of an informal working meeting with additional public comment.

Councillor Murphy thanked all those present for their participation. The meeting was adjourned at six o’clock and thirty-five minutes p.m.

For the Committee
Councillor Brian Murphy, Chair


Committee Report #3
The Ordinance Committee held a public hearing on Nov 28, 2007, beginning at five hours and forty five minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering a proposed amendment to Chapter 2.112 of the Cambridge Municipal Code to ensure that the persons and businesses supplying goods and/or services to the City of Cambridge utilize fair policies relating to the screening and identification of persons with criminal backgrounds through the CORI system (Attachment A).

Present at the meeting were Councillor Brian Murphy, Chair of the Committee; Mayor Kenneth E. Reeves; Councillor Marjorie C. Decker; Councillor Craig Kelley; Councillor David Maher; Councillor E. Denise Simmons; and City Clerk D. Margaret Drury. Also present were Robert W. Healy, City Manager; Donald Drisdell, City Solicitor; Vali Buland, Assistant City Solicitor; and Cynthia Griffin, Purchasing Agent.

Councillor Murphy convened the hearing and explained the purpose. He then asked City Manager Healy to present the proposed ordinance which the Law Department had prepared at the City Council’s request.

Mr. Healy stated that the City already has a strong CORI policy with respect to City employees. A copy of that policy is attached to the proposed ordinance (Attachment B. The proposed ordinance would require vendors doing business with the City of Cambridge to follow a similar policy.

Councillor Murphy then invited public comment.

Ernest Winsor, Staff Attorney, Massachusetts Law Reform Institute (MLRI) and co-director of MLRI’s CORI Project, stated that on the whole, Cambridge’s CORI policy and proposed ordinance are quite good. He added that the CORI Project has a few suggestions for changes in the proposed ordinance and in the proposed ordinance. Mr. Winsor submitted a copy of his testimony, and the proposed changes are set forth in full in that document (Attachment C).

With regard to the proposed ordinance, they strongly urge a change in the waiver provision that the City Manager may grant waivers to any vendors in his sole discretion. Instead, they suggest inserting an "objectively reasonable" standard and a requirement that the City Manager report all requests for waivers and action taken on such waivers to the City Council in writing. They also suggest a procedure for civil rights complaints to a person appointed by the City Manager in the event that an applicant for employment with the City or with a vendor believes that his or her rights under the ordinance were not being respected.

With respect to the City of Cambridge CORI Policy, they suggest changing the procedure to be followed by the City if it receives an improper CORI report. Currently the policy requires the City to provide a copy to the applicant and information as to how the applicant can pursue correction with the Criminal History Systems Board (CHSB). Under the proposed change the City would send the report back to the CHSB and request a proper report that conforms to the City’s certification to the CHSB for access to CORI and notify the applicant of what has happened. They also suggest modifications to language to conform to the statutory language in paragraph 8 and changes to paragraph 9 to include city screening in situations where the applicant claims that the CORI report contains the CORI of someone else.

Aaron Tanaka, Boston Workers Alliance, spoke in support of the proposed ordinance. He stated that the City of Boston adopted a CORI ordinance. With that ordinance the Alliance has been able to remove the CORI questions from 8,000 jobs. There was a further assessment of whether some of those positions might involve access to vulnerable persons, which resulted in returning the question to 1,000 positions. So the CORI question has been eliminated from a total of 7,000 jobs to date in Boston.

Alyssa Aguilera and Javier Castro, students at Harvard University and members of the Student Labor Action Council at Harvard, spoke in support of the ordinance. Ms Aguilera said that over and over again she sees CORI and an issue that impacts the lives of low-income people. Mr. Castro said that thousands of low-income Cambridge residents have been denied access to jobs and housing because of CORI issues.

Brian Barnhill, student, Harvard University, stated that he is currently a senior looking for a job and he is very aware of how different his opportunities are from those of many low-income African American men. CORI makes the lives of many low-income people much harder.

Nworah Ayogu, 64 Linnaean Street, spoke in support of the proposed ordinance.

Horace Small, Union of Minority Neighborhoods, expressed deep appreciation for the support of the City Council and the City of Cambridge in this area. It was the Cambridge resolution that inspired the Boston ordinance. He expressed his willingness to help the City of Cambridge with any issues that come up regarding this proposal.

Laurie Leyshon, 40 Maple Avenue, said that she is very sad that it has taken two years to get to this point. Cambridge was the first to pass the resolution and now cannot be more than the 23rd city to adopt an ordinance.

Rachel Sing, Antrim Street, spoke in support of the ordinance and urged quick action. Adoption of the ordinance by the City of Cambridge will be very helpful in the campaign to move similar legislation forward at the state level.

David Nance, Dane Street, Somerville, stated that he is a member of the staff of the Phillip Brooks house. The students working in their programs have seen first hand the devastating impacts of CORI.

Wendy Sandford, Cambridge, stated that she is a member of the Quaker Meeting in Cambridge, and expressed her support for the proposed ordinance as a matter of justice.

Councillor Simmons asked how many vendors would be affected. Mr. Healy said that depends on how many of the projects going out to bid will require that a CORI be undertaking. The requirement of the City for compliance with the CORI policy will be in the specifications of all bids that the City puts out.

Councillor Simmons asked about the application of "qualified" in paragraph 4 in the CORI policy, which specifies that CORI checks will only be conducted on persons otherwise qualified for the job. Does this mean that only a person who is going to be offered the job? Does it mean all who are invited for interviews? Mr. Healy responded that it depends on the particular situation. Councillor Simmons requested that the language "qualified" be clarified so that it will not be applied differently in different departments.

Councillor Decker expressed her support for this ordinance and emphasized the importance of this ordinance to allow someone who has been in prison to transition back into the community.

Councillor Kelley asked what about vendors who use CORI when they don’t have to. He expressed a concern that the second sentence in section 2.112.063 could lead vendors who are not required to utilized CORI checks, to do so. Mr. Healy said that the language "when required by law" is intended to be a limitation on use. The City does not want to encourage CORI checks.

It was agreed that the City Manager and his staff would review the proposed changes submitted by Mr. Winsor and report back to the City Council at the Dec 10, 2007 meeting. Councillor Murphy and thanked all those present for their participation. The meeting was adjourned at 5:44 P.M.

For the Committee,
Councillor Brian Murphy, Co-Chair

QUESTION COMES ON ACCEPTING REPORT AND PASSING TO A SECOND READING on Dec 10, 2007


Committee Report #4
The Ordinance Committee held a public hearing on Nov 28, 2007, beginning at four o’clock and ten minutes P. M. in the Sullivan Chamber. The hearing was held for the purpose of considering a proposed amendment to the Zoning Map filed by Cott et al. for the area bordered by the centerlines of Broadway and Harvard, Hancock and Lee Streets from the existing Residence C-1 district designation. The petition originally called for changing the designation to Residence B, but when the report of the first hearing on the re-filed petition was before the City Council on Nov 5, 2007, the City Council amended the proposed ordinance to provide for changing the current Residence C-1 designation to Residence C and referred the proposed amended petition back to the Ordinance Committee for further consideration.

Present at the meeting were Councillor Brian Murphy, Chair of the Committee; Mayor Kenneth E. Reeves; Councillor Henrietta Davis; Councillor Marjorie C. Decker; Councillor David Maher; Councillor E. Denise Simmons; and City Clerk D. Margaret Drury. Also present were Lester Barber, Director of Land Use and Zoning, Community Development Department (CDD); Jeffrey Roberts, Planner, CDD; Donald Drisdell, City Solicitor; Charles Sullivan, Executive Director of the Cambridge Historical Commission; and Sarah Burks, Cambridge Historical Commission.

Councillor Murphy convened the hearing and explained the purpose. He then invited members of the public to comment on the proposed petition.

Walter Lenk, 380 Broadway spoke in support of the petition. He said that their block has had no new buildings added since 1938. Twenty years ago, when two different developers proposed building a second house behind the existing house at 378 Broadway, many residents successfully opposed it at a hearing of the newly constituted Mid Cambridge Neighborhood Conservation District Commission (MCNCDC) on the basis of excessive infill. This year another developer proposed building a second house on the same lot, and at the MCNCDC hearings, the Commission seemed to have lost sight of its mandate to prevent excessive infill. When neighbors questioned this, the MCNCDC Chair suggested that they look into changing the area zoning. After the hearing Mr. Lenk submitted a copy of his testimony (Attachment G) and a chart listing the block residents and their position on the petition (Attachment H).

Steve Reckhow, 305 Harvard Street, spoke in opposition to the proposed petition. He shares his neighbors concern for inappropriate development. However, this zoning has been in place for 30 years, and there has been no new building. The current C-1 zoning works fine. The proposal is a direct response to one proposed project. The MCNCDC process brought about significant changes and improvement to the project. This is spot zoning. On a larger scale, this issue has everything to do with the City’s commitment to smart growth. The little development that could take place under the current C-1 zoning would promote smart growth. Growing families could make the small additions necessary to stay in Cambridge instead of moving out to the suburbs and adding to suburban sprawl.

Margaret McMahon, 14 Highland Avenue, spoke in support of the petition. She announced that the Mid Cambridge Neighborhood Association had voted to endorse the petition.

Deborah Knight, 380 Broadway, submitted two visual exhibits (Attachments A and B) comparing the block under consideration to other neighboring blocks. She stated that this block is already bordered by a number of small, differently zoned areas, in a mosaic of zoning. Their block is not an island in the middle of a C-1 sea. She explained the petitioners’ reasons for deciding to support Residence C instead of the originally proposed Residence B zoning. Since there are two owners on the block who would prefer not to change the zoning at all, they felt that Residence C offered a compromise that would keep the zoning closer to the current zoning, but still preserve the character of the neighborhood.

Elizabeth Dionne, 4 Hancock Park, spoke in support of the petition. A copy of her testimony is attached (Attachment I). She noted that residents of 78% of the buildings support the petition. Ms. Dionne then outlined the ways in which the City of Cambridge Growth Policies support the proposed zoning change, and noted in particular Policies 26, 27 and 29. She said that the majority of the buildings in the area conform to the requirements of Residence C zoning. The proposed zoning would limit the number of new units that could be built on the block, and this limitation is a positive one because new units exacerbate the parking problems that already exist in mid Cambridge.

Maurice Lesses, attorney, 18 Gray Street, stated that he has been assisting the petitioners in their preparation of the petition and for this hearing. He stated that he does not believe that defending the proposed change to Residence C would present a substantial problem. Attorney Lesses submitted a letter that included the testimony he presented (Attachment J).

Jim Goldberg, 45 Lee Street, spoke in support of the petition. He said that when it rains, the block floods. Covering over more open space will make it worse. (Attachment K)’

Guy Asaph, owner of 378 Broadway, submitted a zoning analysis for 378 Broadway (Attachment C). He read from a notice sent by the Mid Cambridge Neighborhood Association to announce the meeting scheduled for discussion of the Cott petition. He said that the notice made it clear that the whole discussion was targeted at the 378 Broadway project. He emphasized that only 40 people attended that meeting. He was not allowed to vote, even though he owns property in mid Cambridge. He did appreciate being given the chance to present his views at the meeting.

Nancy Nyhan, 178 Hancock Street #2, spoke in support of the Cott petition. Infill zoning no longer serves the needs of Cambridge. Residents have lived on this block for many years and want to preserve its socio-economic diversity and affordability for families. (Attachment K)

Sylvia Wheeler, 305 Harvard Street, spoke in opposition to the proposal. She believes that it is unnecessary. She and her husband have lived in Cambridge for 20 years. The current zoning is a key way to maintain the character of the neighborhood and its affordability. The zoning is ideal for families; it supports modest housing and allows modest additions for families. A well-planned attractive home is not a negative change.

John Pitkin, 18 Fayette Street, submitted a letter from Doan Perry, President of the Mid Cambridge Neighborhood Association reporting the votes of the association in support of the Cott petition (Attachment D). Mr. Pitkin said that the Mid Cambridge Neighborhood Association led the campaign 20 years ago for the first neighborhood conservation district commission, and the reason for the campaign and the commission was to protect the neighborhood from infill development. The Mid Cambridge NCDC is no longer doing this job.

At this time, there being no additional persons seeking to give testimony, Councillor Murphy closed public comment.

Councillor Murphy stated that the City Council is hearing more about problems with infill development these days. He said that he disagrees with the Planning Board ‘s statement that there is no compelling planning reason for changing the zoning for the area under consideration. With regard to the petitioner’s concerns about infill development, he noted that under C-1 zoning, 19 additional units could be built on the block, while under Residence B zoning only two additional units could be built. He asked Mr. Barber whether it was true that under Residence C zoning, 12 additional units could be built. Mr. Barber replied in the affirmative. Councillor Murphy asked whether it was not uncommon for a zoning petition to result in an amendment to the zoning that represented a middle ground between what the petition originally proposed and the current zoning. Mr. Barber said that a middle ground result has happened.

At Councillor Murphy’s request, Mr. Barber submitted copies of comparative zoning analysis for Residence C-1, C and B zoning of the petition area (Attachments E and F). Councillor Murphy noted that the zoning analysis shows that the change from Residence C-1 to C will mean that four additional lots become non conforming as to dwelling units and an additional three lots go from having the ability to accommodate one or more additional units to having no additional unit potential. Of the 24 lots on the block, seven would have the potential for additional units with Residence C zoning.

Councillor Davis asked how the open space requirement differs for Residence C-1 and Residence C zoning. Mr. Barber said that the amount of required open space would increase if the zoning were changed from Residence C-1 to Residence C.

Mayor Reeves requested that Mr. Drisdell address the legal issue. Mr. Drisdell said that he did not disagree with Mr. Lesses’s legal arguments. When this petition was before the City Council on Nov 5th, he was concerned that the last document on the record of Ordinance Committee was the Planning Board report recommending that the proposed amendment not be enacted. The previous Ordinance Committee hearing had been held before the Planning Board submitted its recommendation. He believed, and so advised the Council, that it was important for the record that the Ordinance Committee hold another hearing to consider the Planning Board report as part of its deliberative process and establish as part of its record reasons for the City Council disagreeing with the Planning Board recommendation and determining that there is a planning basis for its decision. The Ordinance Committee is now holding that hearing. The record tonight provides a clear indication that this is not a petition directed at a particular property.

Councillor Murphy stated that he believes that the City of Cambridge Growth Policy #26 provides a planning basis for this amendment (Attachment L). In adopting this amendment, the City Council would be saying that the current zoning is not sufficient protection from excessive infill and that more needs to be done to prevent excessive infill. He believes that the Residence C zoning would strike the appropriate balance for this neighborhood.

Mayor Reeves said that this is an instance in which there appear to be reasonable arguments on both sides. He noted that the Ordinance Committee has received a memorandum from the Executive Director of the Historical Commission concurring with the Planning Board’s determination that the petition area was not sufficiently different from its surroundings to change from a C-1 to a B zoning designation (Attachment M). If the Planning Board, the Mid Cambridge Neighborhood Conservation District and the Executive Director of the Historical Commission all recommend one path, it may not be wise to overlook them. Mayor Reeves said that for him, another serious concern is ensuring that government is predictable. He also noted the recent withdrawal of written legal protest by a property owner who has an agreement to sell the property.

Councillor Murphy moved that the proposed amendment be forwarded to the full City Council without recommendation. The motion passed on a voice vote without objection.

Councillor Murphy thanked all those present for their participation. The meeting was adjourned at 5:44pm.

For the Committee,
Councillor Brian Murphy, Co-Chair


AWAITING REPORT LIST
03-63. Report from the City Manager:
RE: report on progress of open space acquisition in East Cambridge.
Remains on per Councillor Sullivan
Councillor Toomey and Full Membership 06/02/03 (O-14)
Response: City staff has been and wil1 continue to search for opportunities to increase open space in the East Cambridge Area. If proposals develop, we will inform the City Council.

03-82. Report from the City Manager:
RE: report on preparing a proposed ordinance creating a Department of Public Safety. Remains on per Councillor Sullivan
Mayor Sullivan and Full Membership 08/04/03 (O-4)
Response: Not being recommended.

03-111. Report from the City Manager:
RE: report on efforts to coordinate with Harvard for the development of a shuttle service from the new Harvard/Pleasant Street housing area to Harvard Square. Remains on per Councillor Sullivan
Vice Mayor Davis and Full Membership 10/20/03 (O-16)
Response: Project is completed and functioning without a shuttle.

05-146. Report from the City Manager:
RE: report on NSTARS’s investment and infrastructure and its relation to the blackouts and power outages in Cambridge. Remains on per Councillors Kelley & Sullivan
Councillor Davis, Councillor Simmons and Full Membership 06/20/05 (O-5)
Response: Several City Council Sub-Committee meeting held on this matter at which time NStar reported.

05-147. Report from the City Manager:
RE: report on the impact that energy conservation measures could have in preventing blackouts and power outages. Remains on per Councillor Kelley
Councillor Davis, Councillor Simmons and Full Membership 06/20/05 (O-6)
Response: Several City Council Sub-Committee meeting held on this matter at which time NStar reported.

05-170. Report from the City Manager:
RE: report on an update on negotiations to implement a nighttime truck ban. Remains on per Councillors Kelley & Sullivan
Councillor Murphy and Full Membership 08/01/05 (O-58)
Response: The Massachusetts Highway Department ("MHD") has approved the City’s application for nighttime truck bans on most of the streets in the City. We are still waiting for MHD’s determination on the City’s application for nighttime bans on several arterial streets.

05-207. Report from the City Manager:
RE: report on options for sidewalks that are more practical than brick and more attractive than plain concrete.
Remains on per Councillors Kelley & Sullivan
Vice Mayor Decker and Full Membership 11/14/05 (O-6)
Response: DPW will forward to Council on early 2008 a report on different sidewalk material options.

06-14. Report from the City Manager:
RE: report on creating a database that details how many residential parking stickers are associated with residential units broken down by number of bedrooms, affordability class, location and proximity to a Mass Transit nexus.
Councillor Kelley and Full Membership 01/30/06 (O-3)
Response: Compiling this information not necessary to the operation of the City Government.

06-87. Report from the City Manager:
RE: report on putting the City’s self-evaluation under the ADA on the website.
Councillor Kelley, Councillor Sullivan, Councillor Simmons and Full Membership 06/05/06 (O-10)
Response: See City Manager's Agenda #16.

06-107. Report from the City Manager:
RE: report on a one-year long visioning plan for the City’s youth centers.
Councillor Galluccio, Councillor Decker, Councillor Davis, Councillor Murphy, Councillor Simmons & Vice Mayor Toomey 06/12/06 (O-7)
Response: See Committee Report #1 of Sept 10, 2007. Response provided.

06-118. Report from the City Manager: - no response yet
RE: report on the formation of a committee to study the impact to Cambridge of the proposal to develop Allston by Harvard.
Councillor Sullivan, Councillor Kelley, Councillor Decker, Councillor Davis, Councillor Galluccio, Councillor Murphy, Mayor Reeves, Councillor Simmons & Vice Mayor Toomey 08/07/06 (O-1)

06-131. Report from the City Manager:
RE: report on monitoring the impact of the new Harvard Shaler Lane parking policy.
Councillor Davis, Councillor Galluccio, Councillor Kelley, Councillor Murphy, Mayor Reeves, Councillor Simmons, Councillor Sullivan & Vice Mayor Toomey 08/07/06 (O-37)
Response: Matter resolved by Harvard.

06-136. Report from the City Manager:
RE: report on developing a pilot program which utilizes a public/private partnership to employ residents.
Councillor Simmons, Councillor Davis, Councillor Galluccio, Councillor Kelley, Councillor Murphy, Mayor Reeves, Councillor Sullivan & Vice Mayor Toomey 08/07/06 (O-54)
Response: Plan included in Neighborhood Crime Safety Task Force Report.

06-150. Report from the City Manager:
RE: report on a policy that will result in road and sidewalk hazards being promptly and consistently marked by either City employees or private citizens.
Councillor Kelley and Full Membership 09/25/06 (O-19)
Response: Currently done by employees. Not practical for private citizens.

06-156. Report from the City Manager:
RE: report on standards angles for curb cuts, appropriate installation of curb cuts and oversight review of specifications for curb cuts.
Councillor Kelley 09/25/06 (O-37)
Response: Installation is done in accordance with all applicable laws and regulations.

06-200. Report from the City Manager:
RE: report on current outreach and programs being offered to those who have recently been released from prison.
Councillor Decker and Full Membership 12/04/06 (O-14)
Response: Plan included in Neighborhood Crime Safety Task Force Report.

06-201. Report from the City Manager:
RE: report on highlighting the need to allow new municipal electric utilities on Massachusetts.
Councillor Sullivan and Full Membership 12/04/06 (O-17)
Response: Not being recommended.

07-03. Report from the City Manager:
RE: report on the feasibility of using an acoustic gunshot detection system.
Councillor Sullivan 01/08/07 (O-18)
Response: Not recommended at this time.

07-08. Report from the City Manager: - no response yet
RE: report on the status of appointing a special committee to study the impact of the Harvard-Allston campus.
Councillor Sullivan and Full Membership 01/22/07 (O-7)

07-09. Report from the City Manager:
RE: report on a plan to provide all members of boards and commissions with more in-depth training/orientation.
Councillor Simmons and Full Membership 01/22/07 (O-8)
Response: Previously answered. Current plan in place is appropriate.

07-37. Report from the City Manager:
RE: report on how claims of damages incurred as a result of an outflow break to homes in the Vassal Lane area are being handled.
Councillor Galluccio & Councillor Sullivan 03/19/07 (O-26)
Response: Under review and investigation.

07-44. Report from the City Manager:
RE: report on what resources CRLS offers to post-graduates for post high school educational programs, placement and transfers.
Councillor Galluccio and Full Membership 04/09/07 (O-5)
Response: Order sent to Superintendent of Schools for response.

07-58. Report from the City Manager:
RE: report on wireless network atop Cambridge light poles - system known as CitySense.
Councillor Sullivan and Full Membership 04/23/07 (O-7)
Response: Under review as part of wireless study.

07-61. Report from the City Manager:
RE: report on the feasibility of putting utility lines under streets.
Councillor Kelley and Full Membership 04/30/07 (O-4)
Response: Not Feasible.

07-68. Report from the City Manager:
RE: report on the concerns of delivering and storing chemicals in the City.
Vice Mayor Toomey and Full Membership 05/21/07 (O-8)
Response: Regulated by State Law.

07-83. Report from the City Manager:
RE: report on the status of putting the City’s Self-Evaluation Plan on the website.
Councillor Kelley and Full Membership 06/18/07 (O-17)
Response: See City Manager's Agenda #16.

07-85. Report from the City Manager:
RE: report on whether units at 128 Pine Street and 400 Franklin Street will no longer be eligible for rental as Section 8 housing and ensuring that the tenants are provide with safe affordable housing and do not lose their homes and their Cambridge residency.
Councillor Simmons 06/18/07 (O-14)
Response: Order sent to Cambridge Housing Authority for response.

07-87. Report from the City Manager:
RE: report on the feasibility of instituting a similar "Text a Tip" program in Cambridge.
Councillor Murphy and Full Membership 06/25/07 (O-2)
Response: See City Manager's Agenda #14.

07-89. Report from the City Manager:
RE: report on the feasibility of allotting a stipend to neighborhood associations for the purpose of outreach as it pertains to meetings and community events.
Councillor Simmons 06/25/07 (O-13)
Response: Not recommended.

07-93. Report from the City Manager:
RE: report on identifying and repairing potholes and trenching work in bicycle lanes throughout the City.
Councillor Kelley and Full Membership 07/30/07 (O-18)
Response: Currently done on a daily basis.

07-96. Report from the City Manager:
RE: report on developing a "noise map" of Cambridge.
Councillor Kelley and Full Membership 07/30/07 (O-28)
Response: Not feasible.

07-97. Report from the City Manager:
RE: review the agreement between the MBTA and Guilford Transportation as it relates to the construction of the elevated pedestrian walkway as part of the construction of the new MBTA Lechmere station. Referred back for more information by Councillor Kelley on 9/17/2007.
Councillor Kelley and Full Membership 07/30/07 (O-30)
Response: Legal matter between property owner and MBTA. City will monitor and notify Council as information is received.

07-104. Report from the City Manager:
RE: report on the issue of double pole setups.
Councillor Murphy, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Maher, Mayor Reeves, Councillor Simmons & Vice Mayor Toomey 09/10/07 (O-1)
Response: Electrical Department has developed a plan working with utility companies to identify and remove double poles in the City.

07-109. Report from the City Manager:
RE: survey program which will allow parents to inform City officials about problematic traffic and infrastructure issues on their committee to school.
Councillor Kelley and Full Membership 09/17/07 (O-9)
Response: City currently receives concerns from all residents by various means. Survey program not practical.

07-110. Report from the City Manager:
RE: report on estimated costs and feasibility of changing the City’s code requirements so that City officials measure the noise from any newly installed equipment for which a Noise Affidavit has been completed prior to final approval of the project or granting of the Certificate of Occupancy
Councillor Kelley 09/10/07 (O-29)
Response: Affidavit in place - Resource issues - Not recommended at this time.

07-112. Report from the City Manager:
RE: report on why the park in North Point has been closed to the public for at least five years.
Councillor Maher, Councillor Davis, Councillor Decker, Councillor Kelley, Councillor Murphy, Mayor Reeves, Councillor Simmons & Vice Mayor Toomey 09/24/07 (O-10)
Response: See City Manager's Agenda #6.

07-118. Report from the City Manager:
RE: report on the City’s Integrated Pest Management Program.
Councillor Simmons and Full Membership 10/15/07 (O-11)
Response: The City has an IPM program that has been followed since being implemented in 1997.

07-119. Report from the City Manager:
RE: report on meeting at all elderly housing developments to discuss street and sidewalk safety issues.
Councillor Kelley and Full Membership 10/15/07 (O-22)
Response: See City Manager's Agenda #3.

07-121. Report from the City Manager:
RE: report on fights between youths of Cambridge and what is being done to prevent further outbreaks in the schools and in the neighborhoods.
Councillor Simmons 10/15/07 (O-33)
Response: See City Manager's Agenda #2.

07-122. Report from the City Manager:
RE: report on how much baiting is done to exterminate rats and how much monitoring there is of appropriate baiting at construction sites.
Councillor Davis and Full Membership 10/22/07 (O-1)
Response: See City Manager's Agenda #4.

07-126. Report from the City Manager:
RE: report on damage caused by trash and recycling trucks backing down roadways.
Councillor Kelley and Full Membership 10/29/07 (O-11)
Response: DPW is compiling data on possible damage caused by trucks backing down streets.

07-127. Report from the City Manager:
RE: report on the issues of CitySense as it concerns air quality measurements and programs.
Councillor Kelley and Full Membership 10/29/07 (O-2)
Response: Under review as part of the Wireless Study.

07-130. Report from the City Manager:
RE: report on diversity and make-up of each board and commission.
Councillor Simmons, Councillor Decker, Councillor Galluccio, Councillor Kelley, Councillor Maher, Councillor Murphy, Mayor Reeves & Vice Mayor Toomey 11/05/07 (O-1)
Response: The City does not collect information on race, class, gender or disability status for members of Boards and Commissions or other volunteers donating their time to City services. There is no reliable way to collect this information in an accurate, consistent and comprehensive manner.

07-132. Report from the City Manager:
RE: report on enforcing City light ordinance and addressing light pollution issues.
Councillor Kelley, Councillor Decker, Councillor Galluccio, Councillor Maher, Councillor Murphy, Mayor Reeves, Councillor Simmons & Vice Mayor Toomey 11/05/07 (O-5)
Response: See City Manager's Agenda #5.

07-133. Report from the City Manager:
RE: report on filling positions on the GLBT Commission and hiring a new Executive Director as soon as possible.
Councillor Simmons, Councillor Decker, Councillor Galluccio, Councillor Kelley, Councillor Maher, Councillor Murphy, Mayor Reeves & Vice Mayor Toomey 11/05/07 (O-9)
Response: Will be included in the FY09 Budget Process.

07-134. Report from the City Manager: - no response yet
RE: report on the status of the Fresh Pond Seafood property.
Councillor Maher and Full Membership 12/03/07 (O-2)

07-135. Report from the City Manager: - no response yet
RE: report on not renewing the contract with Russell Recycling Company.
Councillor Simmons and Full Membership 12/03/07 (O-5)

07-136. Report from the City Manager: - no response yet
RE: report on ensuring that parks and other projects under the control of the Central Artery are completed and opened in a timely fashion.
Vice Mayor Toomey and Full Membership 12/03/07 (O-6)

07-137. Report from the City Manager:
RE: report on responding to Council Orders on the Awaiting Report list.
Councillor Kelley and Full Membership 12/03/07 (O-7)
Response: See City Manager's Agenda #17.

07-138. Report from the City Manager:
RE: report on the status of putting the City’s self-evaluation on the website.
Councillor Kelley and Full Membership 12/03/07 (O-8)
Response: See City Manager's Agenda #16.

07-139. Report from the City Manager:
RE: report on the status of Hobbs Brook Reservoir and Cambridge’s water reserves.
Councillor Kelley and Full Membership 12/03/07 (O-9)
Response: See City Manager's Agenda #15.